This post is presented by J.Donovan Law Group

As a family lawyer, not all of what I do is go to Court and fight for my clients.  I also have the absolute honor of helping clients grow their families through adopting children.  My law degree has given me many valuable and exciting opportunities but there has yet to be an opportunity so humbling and satisfying when it works, and one quite painful and disappointing when it fails, than my adoption practice.  

There are two adoption processes available to New Brunswickers: private and public adoptions.  Private adoptions involve one party having the care and control of a child or children and placing that child or children in the care of a chosen individual.  Public adoptions involve a party putting their name on a list and waiting for a child to become available for adoption.  The majority of my practice has involved private adoptions.

Before a lawyer can begin the application process, the child must have been in the prospective adoptive parent’s care for 6 months prior.  Once a lawyer is hired to prepare the adoption application, he or she will ask for certain pieces of information including birth certificate, marriage certificate if the applicant is married, consent forms and any Ministerial reports to list a few.  You do not have to be married to be eligible to apply to adopt a child.  Furthermore, same sex couples can also apply to adopt a child.

Many adoption files never end up in Court.  The work is done at the lawyer’s office and filed with the Court for a judge to review and sign the Order.  If the judge has concerns or wishes to hear from the parties, then a hearing will be scheduled.  In all my years of practice, I have only had to appear in Court on one occasion.  

If there are no issues with the application, the judge will sign the Adoption Order and mail it to the applicants.  As a part of the application, the applicant can request that the child’s name be changed to whatever names the applicant wishes.  This can allow for the family to have the same last name for example.  

Most adoption applications end on a happy and successful note!! Lots of smiles and maybe happy tears but always complete harmony and gratitude.  I am thrilled to deliver my clients the good news and wish their new family well in the journey of life!

It is important to note that biological parents can change their minds and take the child back within 6 months of the placement.  Those 6 months can feel like an eternity and are typically marked with anxiety and fear.  Lots of sleepless nights occur during that period.  When the process fails, or ends without the adoption being concluded, the emotional impact can be severe.  

Happily and thankfully, my happy and successful experiences significantly outweigh the disappointing ones.  

All for now!

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